People ex rel. Hamilton v. Harris

Citations

• 9 Cal. 571

Syllabus

<p>It is the duty of a justice of the peace, when an appeal-bond is presented to him for his approval, to act promptly. If he receives the bond without objection, it will be too late to disapprove it the next day.</p> <p>An offer to pay the justice his costs, on appeal, so soon as the appeal-papers are ready to transmit to the County Court, is not a sufficient tender, under the statute. The fees must be tendered unconditionally.</p> <p>The justice is not bound first to make out the papers, and then rely on his fees being afterwards paid.</p> <p>Where an alternative mandamus was issued to a justice of the peace to compel him to send up papers on appeal to the County Court, to which he answered that his fees had not been paid or tendered “ prior to the service of the alternate writHeld, his answer is no defence to the writ being made peremptory, as the fees may have been paid since the service of the writ.</p>